10 U.S.C. § 18236 — Contributions to States; other use per-

Page 3796 TITLE 10—ARMED FORCES § 18236 § 18236. Contributions to States; other use per- mitted by States (a) Contributions under section 18233 of this title are subject to such terms as the Secretary of Defense, after consulting the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- resentatives, considers necessary for the pur- poses of this chapter. Except as otherwise agreed when the contribution is made, a facility provided by a contribution under paragraph (3) or (4) of section 18233(a) of this title may be used jointly by units of two or more reserve compo- nents of the armed forces only to the extent that the State considers practicable. (b) A contribution made for an armory or readiness center under paragraph (4) or (5) of section 18233(a) of this title may not exceed the sum of— (1) 100 percent of the cost of architectural, engineering and design services (including ad- vance architectural, engineering and design services under section 18233(e) of this title); and (2) a percentage of the cost of construction (exclusive of the cost of architectural, engi- neering and design services) calculated so that upon completion of construction the total con- tribution (including the contribution for ar- chitectural, engineering and design services) equals 75 percent of the total cost of construc- tion (including the cost of architectural, engi- neering and design services). For the purpose of computing the cost of con- struction under this subsection, the amount contributed by a State may not include the cost or market value of any real property that it has contributed. (c) If a State acquires, constructs, expands, re- habilitates, or converts a facility with amounts contributed under section 18233 of this title, it may— (1) permit persons or organizations other than members and units of the armed forces to use the facility under such leases or other agreements as it considers appropriate; and (2) apply amounts received under those leases or agreements to the cost of maintain- ing the facility. (d) Except as otherwise agreed when the con- tribution is made, and except as the agreement is later changed, a State may not permit any use or disposition of the facility that would interfere with its use— (1) for administering and training the re- serve components of the armed forces; or (2) in time of war or national emergency, by other units of the armed forces or by the United States for any other purpose. (Aug. 10, 1956, ch. 1041, 70A Stat. 122, § 2236; Pub. L. 85–861, § 1(40), Sept. 2, 1958, 72 Stat. 1456; Pub. L. 97–214, § 3(d)(2), (3), (e)(2), July 12, 1982, 96 Stat. 170; Pub. L. 99–167, title VII, § 702(b), Dec. 3, 1985, 99 Stat. 985; Pub. L. 99–661, div. A, title XIII, § 1343(a)(11), Nov. 14, 1986, 100 Stat. 3993; re- numbered § 18236 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (8), Oct. 5, 1994, 108 Stat. 3010; Pub. L. 104–106, div. A, title XV, §§ 1501(b)(36), 1502(a)(2), Feb. 10, 1996, 110 Stat. 498, 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106–398, § 1 [div. B, title XXVIII, § 2807(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–415.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2236(a) ..... 2236(b) ..... 50:883(d) (1st sentence). 50:883(d) (less 1st sen- tence). Sept. 11, 1950, ch. 945, § 4(d), (e), 64 Stat. 830. 2236(c) ..... 50:883(e) (less last 87 words). 2236(d) ..... 50:883(e) (last 87 words). Appropriate references to the Territories, Puerto Rico, and the District of Columbia are inserted throughout the revised section to reflect 50:886(b). In subsection (a), the words ‘‘and conditions’’ are omitted as covered by the word ‘‘terms’’. The words ‘‘considers necessary for’’ are substituted for the words ‘‘shall deem necessary to accomplish’’. The words ‘‘used jointly by units of two or more reserve components of the armed forces’’ are substituted for the words ‘‘joint utilization’’, to reflect 50:886(d). In subsection (b), the words ‘‘the construction to which it is to be applied’’ are substituted for the words ‘‘the additional or improved facilities to be con- structed’’, since, under section 2233 of this title, con- tributions may be made for other purposes as well as additions and improvements. The words ‘‘may not in- clude’’ are substituted for the words ‘‘shall be exclusive of’’. In subsection (c)(1), the words ‘‘from time to time’’ are omitted as surplusage. In subsection (c)(2), the words ‘‘defray in whole or in part’’ are omitted as surplusage. In subsection (d), the words ‘‘except as the agreement is later changed’’ are substituted for the words ‘‘by sub- sequent modifications of the agreement.’’ The words ‘‘units of’’ and ‘‘at no time’’ are omitted as surplusage. The words ‘‘United States’’ are substituted for the words ‘‘Federal Government’’. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2236(a) ..... 2236(b) ..... 50:883(d) (1st sentence). 50:883(d) (less 1st sen- tence). Aug. 9, 1955, ch. 662, § 1(e), 69 Stat. 593. In subsection (a), the words ‘‘may be used jointly’’ are substituted for the words ‘‘shall be subject to joint utilization’’. The words ‘‘and conditions’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2000—Subsec. (b). Pub. L. 106–398 inserted ‘‘or readi- ness center’’ after ‘‘armory’’ in introductory provi- sions. 1999—Subsec. (a). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (a). Pub. L. 104–106, § 1502(a)(2), sub- stituted ‘‘Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives’’ for ‘‘Committees on Armed Serv- ices of the Senate and the House of Representatives’’. Subsec. (b)(1). Pub. L. 104–106, § 1501(b)(36), substituted ‘‘18233(e)’’ for ‘‘2233(e)’’. 1994—Pub. L. 103–337, § 1664(b)(2), renumbered section 2236 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1664(b)(8)(A), substituted ‘‘18233’’ for ‘‘2233’’ and ‘‘paragraph (3) or (4) of section 18233(a)’’ for ‘‘section 2233(a)(3) or (4)’’. Subsec. (b). Pub. L. 103–337, § 1664(b)(8)(B)(i), sub- stituted ‘‘paragraph (4) or (5) of section 18233(a)’’ for Page 3797 TITLE 10—ARMED FORCES § 18237 ‘‘clause (4) or (5) of section 2233(a)’’ in introductory pro- visions. Subsec. (b)(2). Pub. L. 103–337, § 1664(b)(8)(B)(ii), which directed amendment of par. (2) by substituting ‘‘section 18233(e)’’ for ‘‘section 2233(e)’’, could not be executed be- cause the words ‘‘section 2233(e)’’ did not appear in par. (2). Subsec. (c). Pub. L. 103–337, § 1664(b)(8)(C), substituted ‘‘18233’’ for ‘‘2233’’ in introductory provisions. 1986—Subsec. (b). Pub. L. 99–661 struck out ‘‘, territory, the Commonwealth of Puerto Rico, or the District of Columbia, as the case may be,’’ after ‘‘con- tributed by a State’’ in last sentence. 1985—Subsec. (b). Pub. L. 99–167 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘A contribution made for an armory under sec- tion 2233(a)(4) or (5) of this title may not be more than 75 percent of the cost of the construction to which it is applied. For the purpose of computing the cost of con- struction under this subsection, the amount contrib- uted by the State may not include the cost or market value of any real property that it has contributed.’’ 1982—Subsec. (a). Pub. L. 97–214, § 3(d)(3), struck out ‘‘or Territory, Puerto Rico, or the District of Columbia, whichever is concerned,’’ after ‘‘the State’’. Subsec. (b). Pub. L. 97–214, § 3(d)(3), (e)(2), inserted ‘‘or (5)’’, and struck out ‘‘or Territory, Puerto Rico, or the District of Columbia, whichever is concerned,’’ after ‘‘the State’’. Subsecs. (c), (d). Pub. L. 97–214, § 3(d)(2), struck out ‘‘or Territory, Puerto Rico, or the District of Colum- bia’’ after ‘‘a State’’. 1958—Subsec. (a). Pub. L. 85–861 permitted joint use of facilities provided by contributions under section 2233(a)(4) of this title. Subsec. (b). Pub. L. 85–861 substituted ‘‘A contribu- tion made for an armory under section 2233(a)(4) of this title may not be more than 75 percent of the cost of the construction to which it is applied’’ for ‘‘No contribu- tion made for a facility under section 2233(a)(3) of this title may be more than 75 percent of the cost of the construction to which it is to be applied’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 1501(b)(36) of Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as en- acted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–214 effective Oct. 1, 1982, and applicable to military construction projects, and to construction and acquisition of military family hous- ing authorized before, on, or after such date, see sec- tion 12(a) of Pub. L. 97–214, set out as an Effective Date note under section 2801 of this title. § 18237. Supervision of construction: compliance with State law (a) Any construction, expansion, rehabilita- tion, or conversion under section 18233(a)(1) of this title may be performed under the super- vision of the Chief of Engineers of the Army or the head of such office or agency in the Depart- ment of the Navy as the Secretary of the Navy may designate. (b) The construction, expansion, rehabilita- tion, or conversion of facilities in a State under paragraph (2), (3), (4), (5), or (6) of section 18233(a) of this title shall be done according to the laws of that jurisdiction and under the su- pervision of its officials, subject to the inspec- tion and approval of the Secretary of Defense. (Aug. 10, 1956, ch. 1041, 70A Stat. 123, § 2237; Pub. L. 85–861, § 1(41), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 89–718, § 19, Nov. 2, 1966, 80 Stat. 1118; Pub. L. 97–214, § 3(d)(2), July 12, 1982, 96 Stat. 170; renum- bered § 18237 and amended Pub. L. 103–337, div. A, title XVI, § 1664(b)(2), (9), div. B, title XXVIII, § 2852, Oct. 5, 1994, 108 Stat. 3010, 3011, 3072; Pub. L. 104–106, div. A, title XV, § 1501(b)(37), Feb. 10, 1996, 110 Stat. 498.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2237 ......... 50:885. Sept. 11, 1950, ch. 945, § 6, 64 Stat. 831. The words ‘‘of facilities’’ are omitted as surplusage. The words ‘‘Chief of Engineers’’ are substituted for the words ‘‘Chief, Corps of Engineers’’ to conform to sec- tion 3036(a)(1) of this title. The words ‘‘of the Army’’ and ‘‘of the Navy’’ are inserted for clarity. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 2237(a) ..... 2237(b) ..... 50:885(a). 50:885 (less (a)). Aug. 9, 1955, ch. 662, § 1(f), 69 Stat. 594. In subsection (b), the words ‘‘Territory, Puerto Rico, or the District of Columbia’’ are inserted to reflect 50:886(c). Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–106, § 1501(37)(A), sub- stituted ‘‘18233(a)(1)’’ for ‘‘2233(a)(1)’’. Subsec. (b). Pub. L. 104–106, § 1501(37)(B), substituted ‘‘18233(a)’’ for ‘‘2233(a)’’. 1994—Pub. L. 103–337, § 1664(b)(2), renumbered section 2237 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1664(b)(9)(A), which di- rected amendment of subsec. (a) by substituting ‘‘para- graph (2), (3), or (4) of section 18233(a)’’ for ‘‘section 2233(a)(2), (3) and (4)’’, could not be executed because the words ‘‘section 2233(a)(2), (3) and (4)’’ did not appear subsequent to intervening amendment by Pub. L. 103–337, § 2852(a). See below. Pub. L. 103–337, § 2852(a), substituted ‘‘under section 2233(a)(1)’’ for ‘‘under any provision of this chapter ex- cept section 2233(a)(2), (3), and (4)’’. Subsec. (b). Pub. L. 103–337, § 1664(b)(9)(B), which di- rected amendment of subsec. (b) by substituting ‘‘para- graph (2), (3), or (4) of section 18233(a)’’ for ‘‘section 2233(a)(2), (3) or (4)’’, could not be executed because the words ‘‘section 2233(a)(2), (3) or (4)’’ did not appear sub- sequent to intervening amendment by Pub. L. 103–337, § 2852(b). See below. Pub. L. 103–337, § 2852(b), substituted ‘‘paragraph (2), (3), (4), (5), or (6) of section 2233(a)’’ for ‘‘section 2233(a)(2), (3), or (4)’’. 1982—Subsec. (b). Pub. L. 97–214 struck out ‘‘or Terri- tory, Puerto Rico, or the District of Columbia’’ after ‘‘facilities in a State’’. 1966—Subsec. (a). Pub. L. 89–718 substituted ‘‘the head of such office or agency in the Department of the Navy as the Secretary of the Navy may designate’’ for ‘‘the Chief of the Bureau of Yards and Docks of the Navy’’. 1958—Pub. L. 85–861 inserted ‘‘: compliance with State law’’ in section catchline.